terms & conditions

The Club (“TC“) Facebook Group Page is owned and managed by [Brisbane Family Law Centre Pty Ltd ABN 17 130 966 317 trading as The Happy Family Lawyer] (“THFL”).

Subscription to TC is AUD$89.00 per month per member, which enables access to the TC Facebook Group Page. The purpose of the Facebook Group is to provide an engaging forum to share information on the legal profession and encourage discussion on issues involving the legal profession. All users of the Facebook Group (“Users“) are encouraged to participate in online discussions and forums of the Facebook Group. These terms and conditions (“Terms of Use”) are intended to help Users understand and differentiate between suitable and inappropriate use of the Facebook Group and to define best practices for participation in TC Facebook Group

These Terms of Use are an agreement between the THFL and User. By becoming a member of TC or otherwise accessing, browsing, or using this service, User agrees to be bound by these terms. In addition to these Terms of Use, User also agrees to adhere to the relevant Legal Profession Conduct Rules applicable to them in their State of practise (“LP Conduct Rules”).

2. MEMBERSHIP FEES AND ENTITLEMENTS

Subscription to TC for founding members joining in May 2017 is AUD$89.00 per month (“MembershipFee”) (“Membership”). Membership Fee is payable monthly in advance by direct debit from the User’s nominated bank account or credit card. Users may cancel a Membership at any time but no later than seven (7) days before a direct debit payment. Membership is conditional on a User’s compliance with these Terms of Use. THFL reserves the right to cancel the Membership of a User in the event a User fails to comply with these Terms of Use.

3. RULES AND RESTRICTIONS ON SUBMISSIONS

a) Users should exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Group (“Submissions“). Submissions should be consistent with the TC’s values and ethos of positivity, empathy and encouragement of fellow professionals.

b) Submissions must not be inappropriate. Inappropriate Submissions would include, for example, comments or materials that:

make false or defamatory statements about others;

are obscene, vulgar, abusive, hateful or threatening

harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors;

are invasive of the privacy rights of others (e.g., by including addresses, phone numbers or other personal information about third persons without their consent); or

contain factually or legally inaccurate statements or are otherwise inconsistent with the law.

c) Submissions may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.

d) Submissions may not contain unauthorised disclosures of proprietary or confidential information

e) Users may not use the Facebook Group in a manner or for a purpose that could violate Australian Competition and Consumer laws. For example, the Facebook Group may not be used to communicate with competitors about prices, discounts, market shares, sales territories, or other terms or conditions of trade

f) Users may not use the Facebook Group to promote or provide instructional information about illegal activities or for any purpose that may be illegal

g) User Submissions may not contain comments or materials supporting or opposing any candidates for political office or otherwise engage in political activity or activity inconsistent with THFL’s purposes.

h) Users may not use or attempt to use the Facebook Group for commercial purposes. Submissions may not include advertisements for goods or services, solicitations, “spam”, chain letters, surveys, pyramid schemes or the like. . Users are not precluded from posting promotions for legal related information and events or job postings in the field of legal practise, provided the prior consent of THFL is obtained.

i) Submissions may not include false or misleading representations including false or misleading representations of affiliation with any other person or entity. A User may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.

j) THFL believe that anonymous postings are neither necessary for purposes of this forum, nor consistent with the professional level of dialogue expected. Therefore, the User’s name (which must be provided) will be posted with the Submission.

(“Inappropriate Submissions”)

4. THFL’S RIGHT TO MONITOR AND ADMINISTER THE FACEBOOK GROUP

THFL reserves the right to monitor and administer the Facebook Group and, in its sole discretion, to remove any content posted to the Facebook Group. THFL also reserve the right to disallow the use of any particular screen name or e-mail address, or to terminate any User’s posting privileges at any time, in the event a User has been found to act inconsistently with these Terms of Use.

5. OWNERSHIP OF THE FACEBOOK GROUP AND ITS CONTENTS AND ASSOCIATED TRADEMARKS

All postings originating from THFL and published on the Facebook Group are protected by copyright and owned by THFL. Except as permitted under Australian Copyright laws, the Facebook Group and its contents may not be copied, reproduced, republished or sold, posted, transmitted, distributed, modified, or used for the creation of derivative works without THFL’s prior written consent. THFL grant User a non-exclusive, non-transferable, limited license to access, display and/or download the Web pages within this site, solely on User’s computer and for User’s personal, non-commercial use, and provided that User agrees not to modify the content displayed on this site and to keep intact all copyright, trademark and other proprietary notices contained therein.

THFL does not claim ownership of or copyrights in User Submissions. User understands that Submissions are not confidential and THFL will be free (without compensation to User) to use or disseminate such Submissions on an unrestricted basis for any purpose, so long as such use is within the terms of the Facebook User Agreement. User agrees that Submissions may be published, displayed, copied, distributed, downloaded, or transmitted by THFL or other Facebook Group participants, and User grants THFL and all other users of the Facebook Group an irrevocable, unrestricted, perpetual, worldwide, royalty-free license to use, copy, reproduce, display, publish, distribute, transmit, adapt, modify or use for the creation of derivative works (including in digital form) such Submissions, subject to any applicable restrictions in the Facebook User Agreement.

Any Trademarks owned by THFL and published on the Facebook Group are property of THFL. THFL trademarks may not be copied and used by Users without the prior written approval of THFL.

6. DISCLAIMERS

THFL make no representation or warranty as to the accuracy or sufficiency of the information posted on the Facebook Group, whether posted by THFL, or any third party. THFL makes no warranty that the Facebook Group, or any computer, server, device, software, or other technology associated with the Group, is free of viruses, worms, or other elements or codes that manifest contaminating or destructive properties. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you

Postings, including but not limited to comments and replies to discussion topics, are not to be relied on as professional opinions or advice, and postings are not intended to constitute technical, financial or legal guidelines or to supplant individual judgment or any formal legal advice with respect to particular situations. Postings may not be construed in any way as investment or tax advice and are not intended to be used, and may not be used, by any person for the purpose of avoiding any penalties that may otherwise be imposed under the Australian Taxation Law.

THFL does not endorse, approve, recommend, or certify any information, product, process, service or organisation presented or mentioned on the Facebook Group, and information from the Facebook Group should not be referenced in any way to imply such approval or endorsement. This Facebook Group Page may provide links or references to third-party websites and resources. THFL make no representations, warranties, or other commitments whatsoever about any third-party websites or resources that may be referenced in, accessible from, or linked to the Facebook Group Page or any site belonging to THFL. A link to a third-party website does not mean that THFL endorses the content or use of such website or its owner. User acknowledges and agrees that THFL is not responsible for the availability of such external sites, and is not responsible or liable for any content, services, products, or other materials on or available from those sites

The views expressed on the Facebook Group are those of the individual participants. They do not and should not be construed as representing the views of THFL. While THFL reserves the right to monitor the Group and remove Submissions or materials it believes are not in conformity with these Terms of Use or in the best interests of THFL, TC and Members, THFL undertakes no obligation to do so

7. LIMITATIONS OF LIABILITY

Neither THFL, nor its officers, directors, employees, agents, or contractors shall be responsible for any loss or damage of any kind arising from or in any way relating to (a) the use of or inability to use the Facebook Group (b) errors in or omissions from Facebook content, (c) any third party web sites or content therein directly or indirectly accessed through links in any Facebook content, (d) the unavailability of the Facebook Group, (e) any use of the Facebook Group or reliance by the User on any information or content contained therein. In no event shall THFL be liable to Users or any other person for any special, indirect, incidental, exemplary, or consequential damages arising from or in any way relating to the Facebook Group, even if they have been advised of the possibility of such damages occurring.

8. REPRESENTATIONS BY USERS; INDEMNIFICATION

User is solely responsible for the contents of his/her submissions to the Facebook Group. User represents that he/she has all rights necessary to post the information, content or materials submitted to the Facebook Group without violating the copyrights or any other intellectual property rights of third parties, and that no submission by the User will violate Australian Laws nor the rights of third persons. User hereby indemnifies and agrees to hold harmless THFL and its officers, directors, employees, agents and contractors from any and all claims asserted against them and any liability, loss, damage, costs or expenses (including solicitors fees) incurred or suffered by them in connection with or arising out of User’s acts or omissions or the materials or information User submits to the Facebook Group.

9. CHOICE OF LAW AND VENUE

Participation in and Membership to TC, use of the Facebook Group and these Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia.

Any legal action arising out of participation in TC shall be brought and enforced under the applicable Australian law.

By becoming a Member of TC and/or participating in the Facebook Group, you agree to submit to non-exclusive jurisdiction of the courts of the State of Queensland.

10. PROCEDURES FOR REQUESTING THE REMOVAL OF INFRINGING MATERIAL

The owner of a copyrighted work (or the agent for the owner) who believes that material posted on the Facebook Group infringes on the copyrighted work may request that the allegedly infringing material be removed from the Facebook Group by notifying THFL immediately.

11. LEGAL NOTICE AMENDMENTS

THFL reserves the right to make any changes and corrections to these Terms of Use. Please refer to this page from time to time to review these Terms of Use and new additional information.